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13 Dec 2018, 12:14 pm by David E. Bernstein
Here is the abstract: This Response addresses Professors Joseph Fishkin and David Pozen's Asymmetric Constitutional Hardball. [read post]
25 Jul 2013, 4:43 pm by Jonathan H. Adler
As noted by my co-blogger David Bernstein and Michelle Meyer at The Faculty Lounge, this article included some factual inaccuracies. [read post]
25 May 2020, 7:34 am by David Bernstein
From People Magazine, April 17, 1979: Anyone saddled with a name as fraught with history as Robert E. [read post]
8 Mar 2017, 1:09 pm by David Bernstein
A police officer blocks an entrance as officials respond to a bomb threat at the Jewish Community Center in Louisville, Ky., on March 8. [read post]
3 Jun 2020, 11:27 am by David Bernstein
[People who were insisting that public gatherings, even for funerals, were grave, completely unacceptable threats to public health that must be harshly suppressed are supporting public protests over racism.] [read post]
4 Nov 2018, 6:21 am by David E. Bernstein
In September, Obama senior advisor David Axelrod declared outright, and in an outright lie, that the "benign-sounding Americans for Prosperity, the American Crossroads fund" are "front groups for foreign-controlled companies. [read post]
13 Mar 2019, 11:08 am by David E. Bernstein
The economic benefits of antitrust likely are not worth the costs.With trust-busting all the rage these days, especially on the Liz Warren left, this seems like a good time to repost something I wrote fifteen years ago: The right way to look at antitrust law is not whether economic theory suggests that particular monopolies can and will exist that can, in theory, be corrected through government action, to the benefit of both consumer welfare and economic efficiency. [read post]
26 Apr 2018, 4:28 am by David E. Bernstein
Canary Mission is a controversial, secretive organization dedicated to publicizing extreme anti-Israel and often anti-Semitic views of various activists. [read post]
8 Nov 2018, 3:36 am by David E. Bernstein
Donald Trump says exactly the wrong thing in response to a question about anti-Semitism, mainstream Jew-haters Jew-hate, and a new study shows that bigotry has declined under Trump.On Monday I wrote, "It doesn't help that neither the mainstream American right or left exhibits much sensitivity to Jewish concerns about anti-Semitism. [read post]
15 Feb 2019, 5:04 am by David E. Bernstein
The more a president governs unilaterally, the greater the stakes of every election, and that's a bad thing.There are lots of things one could say about Trump's invocation of an emergency statute to "build the wall. [read post]
6 Aug 2018, 7:35 am by David E. Bernstein
No, this isn't another post about that horrible Nancy MacLean book, but it is related. [read post]
4 Sep 2018, 2:57 pm by David E. Bernstein
Bush were seated two seats down from David Duke at Willie Nelson's funeral, with Duke given a place of honor. [read post]
18 Dec 2018, 3:11 pm by David E. Bernstein
This was reported first by Glenn Greenwald at the Intercept, who set the tone for the media coverage by claiming, in his typical exaggerated and dishonest fashion, that the lawsuit arose after Amawi "refused to sign an oath vowing that she 'does not' and 'will not' engage in a boycott of Israel or 'otherwise tak[e] any action that is intended to inflict economic harm' on that foreign nation. [read post]
9 Jun 2017, 9:30 pm by Karen Tani
 ICYMI:  David Bernstein and Calvin TerBeek continue their exchanges on the intellectual history of originalism on The Faculty Lounge. [read post]
5 Dec 2013, 2:05 pm by Joe Patrice
” [Salon] * Professor David E. [read post]
13 Jan 2012, 4:49 pm by David Bernstein
(David Bernstein) There has been a controversy brewing over allegations that several bloggers at the liberal Center for American Progress have used anti-Semitic rhetoric when criticizing Israel and its American Supporters. [read post]
18 Feb 2015, 9:01 am
Eric Posner’s Slate article arguing in favor campus speech codes on essentially paternalistic grounds has provoked this response from Jason Brennan at Bleeding Heart Libertarians: [E]ven if all of the article’s premises are true, it doesn’t establish its conclusion…. [read post]